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Terms & Conditions

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Welcome to Arcade Live where we offer games for people to enjoy! We are committed to delivering a fun, entertaining experience through our web and app-based amusement games (hereinafter called “Service” or “Services”).

BEFORE USING OUR SERVICES, PLEASE REVIEW THESE OFFICIAL TERMS AND CONDITIONS AND PRIVACY POLICY THAT SET FORTH THE RULES OF USE. This will help you to understand our legal responsibilities, your rights and responsibilities, information regarding our games, game play and prizes, and actions that violate this policy.

These Terms and Conditions, together with the Privacy Policy and the Rules of Play, Instructions and Game Play Tips that are displayed on the applicable amusement games as well as any and all applicable rules, policies, price schedules and other supplemental terms and conditions or documents we may publish from time to time are expressly incorporated herein by reference and are a legally binding agreement between you and Arcade Live (“Agreement”). By using our Services, you agree that you will follow our Terms and Conditions, Privacy Policy, Rules of Play, Instructions and Game Play Tips, and any future changes that may be made to them. Once you start using our Services, you acknowledge that you have read and understand these documents, that you agree with them and that you will follow them. Misuse of our Services may result in the suspension of your account.

Various laws and regulations apply to games with prizes, sweepstakes, and contests with prizes (“Gaming and Related Laws”). Such laws exist at the federal, state, county and/or local levels. It is YOUR responsibility as a player to determine whether the state, county or other jurisdiction prohibits your use of the Service.

If you do not understand any of the Terms and Conditions, the Privacy Policy, Rules of Play, Instructions or Game Play Tips or have any questions about your rights and obligations under this Agreement, please seek advice from a lawyer in your jurisdiction prior to using our Services or playing our amusement games.

DO NOT USE OUR SERVICES, OR PLAY OUR AMUSEMENT GAMES, IF YOU DO NOT UNDERSTAND, AGREE WITH, AND COMMIT TO COMPLYING AT ALL TIMES WITH ALL OF OUR TERMS AND CONDITIONS, PRIVACY POLICY, INSTRUCTIONS, AND RULES OR THE LAWS IN YOUR JURISDICTION PROHIBIT YOU FROM PLAYING AND/OR WINNING PRIZES.

Your use of Arcade Live’s Services indicates you understand and accept these Terms and Conditions, the Privacy Policy, Rules of Play, Instructions and Game Play Tips and agree to be bound by them.

This Agreement does not cover your rights or responsibilities with respect to outside third-party content, sites, apps, or any links that may direct your browser or your connection by any method to third party sites or apps including third-party payment processors.

This is the entire and exclusive Agreement between you and Arcade Live regarding use of the Service and our amusement games and it cannot be modified, except as described below.

1. DEFINITIONS

Certain words and terms are used in the Agreement. Unless the context clearly implies otherwise, the words shall have the meaning given here.

1.1 Agreement means these Terms and Conditions, together with the Privacy Policy, and any other Rules and Instructions related to game play, which may, from time to time, be amended by us in our sole discretion.

1.2 Device or Devices means any application tool(s) such as personal computers, laptops, mobile telephones, smart phones, tablets or any other such mobile device, personal digital assistants, other electronic devices or telephones or any other means employed for the purpose of accessing or attempting to access the website and participate in the Services.

1.3 Player or User means a person who has successfully registered for a Player Account or as a guest registrant or visitor and who uses the Services.

1.4  Player Account means an account with Arcade Live.

1.5  Privacy Policy means the privacy policy at Arcade Live (To read, click here).

1.6  Service or Services means all amusement games, services, and any related content,

including pictorial, video, camera views or text, whether or not in downloadable format, accessible or otherwise used by you through our applications (“app”) or website and allowing you to participate in the amusement games and related services provided by Arcade Live.

1.7 Store means prize catalog or any method of redemption for prizes at the homepage of Arcade Live website, which is accessible by clicking on an icon where tickets are redeemed for prizes.

Tickets means any points, coupons, or digital markers indicating score or achieving a prize and are received and credited to your account for successful game play which may be used to redeem prizes at the Store. Tickets may be saved up to select prizes at a higher value within the value limits of the player’s jurisdiction.

1.9 Tokens which include play points or any markers purchased for game play.

1.8 Use or Using means any time a player or user, directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, display, view, print or copy from the Service, transmit, receive or exchange data or communicate with the Service, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Service, for any purpose whatsoever.

1.9 Username means the name selected by you during the account registration process which will be used to identify you during your use of our Services.

2. USE OF THE SERVICE

Arcade Live grants you permission to access and use our Services under certain conditions and with requirements and limitations set forth in these Terms and Conditions. Services involve the operation and control, via an online interface, of an actual game machine located in the state of Pennsylvania in the United States for the purpose of amusement and possibility of winning a prize or redemption tickets offered in our amusement and claw/crane games. Winning typically means controlling the claw/crane or retrieval mechanism or achieving the necessary score. Game results improve as you practice!

Arcade Live may, in its sole discretion and without notice to players or users, change the physical location of the actual game machines, change ticket values, cost play and game rules.

3. ACCOUNT REGISTRATION, PASSWORDS, BILLING, TERMINATION

To use our Services, you will create an account by choosing a username and password. Profane, obscene, discriminatory, politically charged and/or inappropriate words or language, symbols, and message codes may not be used in usernames, passwords and/or uploaded player photographs or identification markers and may be removed by us in our sole discretion. You will also be asked to enter your physical address and email so we may contact you about account changes, provide information about our Service and our partners and ship prizes. You may not open or register an account for another player.

It is your responsibility to keep your username and password private. Any activity that occurs using your username and password will be attributed to you. If, at any time, you think someone may have obtained your username and/or password, you should immediately change your username and password and contact Arcade Live’s customer service department at customerservice@arcadelive.com. Arcade Live has no responsibility for damage caused to you by a third-party use of your account information regardless of whether by your authorization or your negligence and regardless of whether we knew or should have known of such use.

You may be asked to submit your credit card or other payment information when you register for an account. You agree to pay any charges that may be involved with the use of our Service. If there is an outstanding balance on your account, you agree to pay it in a timely manner. Your account may be suspended or terminated if the unpaid balance remains delinquent for 30 calendar days, the payment information you submitted is invalid, or there are insufficient funds to cover payments. If your account is suspended or terminated, any prizes that are being prepared for shipment will be suspended until the matter is resolved.

You are only allowed to have one account; multiple accounts are strictly prohibited. If we determine that a user has more than one account, all accounts associated with that user will be terminated without prior notice.

It is your responsibility to keep your account and user information current.

We respect and take seriously your privacy and the use of your personal information. Please read our Privacy Policy (To read, click here), which describes the personal information we collect and how we use, disclose, manage, and store the information you provide to us.

Your account may be cancelled at any time, for any reason, without prior notice in our sole discretion. If your account is terminated you may, as a result, lose all information and data associated with the account, including prizes and tickets won and any tokens. You may not be entitled to any refund and/or reimbursement due to termination.

4. PLAYER CONDUCT

It is your responsibility to ensure that you do not engage in any of the following:

The account of any player, or user, who violates any of these rules will be suspended or deleted immediately without prior notice. The decision to suspend or delete accounts will be made in Arcade Live’s sole discretion and our decision is final. Further, violation of any of these rules may subject you to criminal and/or civil liabilities or other sanctions.

Arcade Live reserves the right to amend, modify, suspend or change any Service offered herein, including the games offered, the design or the features of the games or machines, pricing and/or the prizes and the quantity of tickets offered therein at any time, without notice or liability to you.

We also reserve the right to make changes to the Terms and Conditions at any time, and these changes may be made without contacting users first. By continuing to use our Services, it is your responsibility to check for changes to our Terms and Conditions and you agree to be bound by them.

5. PRIZES, TOKENS, TICKETS AND REPLAY

5.1 Each amusement game offered by Arcade Live is subject to the applicable Rules of Play, Instructions and Game Tips, which are posted or displayed. The Rules may include specific terms, conditions and restrictions of use including specific game features and prize type. Players are responsible for reviewing and adhering to all rules of play. As an example, in Claw or Crane Games, a merchandise prize or tickets may be won by a player for successfully remotely maneuvering a mechanical prize retrieval arm utilizing the controls available to the player in the app or website to such a position that the retrieval mechanism lowers to grasp, drag, or hold the prize, wherein the claw will ascend and travel to the win chute where any held item is released. In some claw machines, a win occurs when the claw mechanism strikes the prize knocking it, causing it to fall into the prize chute. All amusement games are remotely operated and played using controls available in the app or on the website. Game results improve as you practice!

5.2 You may be awarded tickets for successful game play that may be redeemed for prizes in Arcade Live store. You may also win merchandize prizes. Prizes vary based on the availability of stock and prizes may be substituted for items of similar value if necessary. Differences in colors of prizes awarded may not be used as a reason to make a claim for compensation, reimbursement, or substitution. You are not entitled to request certain model, type, color, size, or other variation in the prizes. Arcade Live’s decisions related to prizes awarded are made in its sole discretion and all decisions are final.

5.3 When you do win or select a prize using tickets won, the actual prize selected by you may not be the prize that will be shipped; the prize shipped may be a representative of the prize you selected.

5.4 Merchandise prizes will be shipped by third parties to the address provided by you at no cost to you. We are not responsible for any incorrect shipping addresses you provide to us. Expedited shipping may be available; you are responsible for paying the costs of expedited shipping and handling.

5.5 To help combat fraud, we may ask new users to provide a credit card or other information to verify identification. Credit cards numbers and other payment information will not be retained by us. Rather it will be provided to a third-party entity to be held in a secure manner.

5.6 Your recourse for any damage in shipping will be limited to a claim against the shipping service. No shipping insurance will be provided by Arcade Live. You will be responsible for any use tax, sales tax, value-added tax, or other taxes that may apply. If a prize shipment is returned as undeliverable, the third-party affiliate may (but is not obligated to) contact you to try to arrange for reshipment.

5.7  We will not be liable for any delay in the shipment of prizes.

5.8  THERE IS NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING UNDER

ANY THEORY OF PRODUCT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FOR PRIZES WON FROM US, and we are not responsible for the condition or expectations related to the prize. We are not the company that manufactures and/or distributes the prizes and have limited, if any, control over the quality of any prize nor any misrepresentation that may occur. It is your responsibility to promptly inspect the prize upon receiving it and to notify the third-party affiliate if it is damaged.

5.9 If you do not request shipment of any prizes within one year from when the tickets were won or fail to provide a shipping address, you may forfeit any right to the prizes.

5.10 Use of the Service may include tokens, redeemable tickets, points, or similar items that may be purchased, earned or obtained through the Service. We retain the right to manage, regulate, control, modify or eliminate tokens, including the price thereof, in our sole discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any tokens or tickets except a limited, personal, non- transferable, revocable license to use, solely within the Service, tokens and tickets that you have awarded, purchased or otherwise obtained in a manner authorized by us. Tokens and tickets may not be transferred to another user. Your account may be terminated for non-use after non-use for 120 calendar days at our discretion. You will not be reimbursed or otherwise compensated for expired tokens and tickets.

6. RESPONSIBLE GAME PLAY

Even good old-fashioned fun, improving your skills and winning toys and teddy bears should have limits, and we all occasionally need a break. Players are encouraged to set personal limits on the purchase of entries in amusement games and play time and ensure they are engaging in responsible amusement game-playing behaviors. If, at any point, a player becomes concerned about the amount of money being spent on game play, the player should stop playing. You agree that Arcade Live will not be liable for your use of the Service.

7. USE OF THE SERVICE BY CHILDREN OR MINORS

We rely on parents and guardians to determine if the Service and our amusement games are appropriate for their children or minors under the age of 18 or the age of majority in their jurisdiction. Children or minors under the age of majority are not permitted to use our service without their parental consent.

For a child or minor under 18 years of age or the age of majority in their jurisdiction to participate, the child/minor player must have his or her parent or guardian’s permission to access and use the service and parents or their guardians shall review the Agreement with their child or minor and discuss any questions the child has.

Parents or legal guardians agree to monitor the accounts of their children or minors under 18 years of age or the age of majority in their jurisdiction. Parents, or guardians, are responsible for exercising supervision over their child’s use of the account and compliance with the Terms and Conditions. Parents agree to accept full responsibility for any unauthorized use of the account by their children or minors and accept responsibility for any use of their credit card or other payment instrument. If, as a parent or guardian, you do not agree with the terms of the Agreement, do not allow your child or minor to access and/or use our Service. If you are a parent or guardian and believe your child or minor has accessed our service without your permission, please contact us.

8. COMPLIANCE WITH LAWS

Various laws and regulations apply to games with prizes, sweepstakes and contests with prizes. Gaming and related laws exist at the federal, state, county and/or local levels. It is YOUR responsibility as a player to determine whether the state, county or other jurisdiction prohibits your use of the Service. Your use of the Service is at your own risk, and you agree not to hold us responsible or liable if applicable laws restrict or prohibit your access or participation. Arcade Live reserves the right (but has no obligation) to monitor the location from which you access Services, and we may block access from any location that we believe is a Prohibited Jurisdiction and may refuse to ship select prizes in excess of the jurisdiction’s limits on prize value and/or types.

ARCADE LIVE DOES NOT INTEND TO OFFER SERVICES IN PROHIBITED JURISDICTIONS OR AWARD PRIZES THAT VIOLATE RESTRICTIONS ON PRIZE VALUES AND/OR TYPES. WHILE STATE LAWS ARE EVOLVING, THE FOLLOWING STATES CURRENTLY HAVE LIMITS ON PRIZE VALUES AND/OR TYPES: ALABAMA, ARIZONA, ARKANSAS, COLORADO, CONNECTICUT, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, MARYLAND, MICHIGAN, MONTANA, NEW JERSEY, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, TEXAS, UTAH, WASHINGTON, WISCONSIN.

YOU ARE RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH THE CURRENT GAMING AND RELATED LAWS APPLICABLE IN YOUR JURISDICTION.

9. SUSPENSION, SERVICE INTERRUPTION, TERMINATION

Services may be suspended by us for any purpose without notice to users. This may occur, for example, when we are conducting regular or emergency maintenance or making changes or upgrades to the Service. During this time, you may be unable to access any information you have stored on the Service or use any tokens for play.

Services may also be unavailable at any time for purposes that are outside of our control. We are not responsible for any interruptions and/or loss of data, play features or virtual credits resulting from computer and/or server failures, mechanical or electronic failures, loss of camera feed, power outages and/or surges, brown outs, and any other cause, foreseen or unforeseen.

If your account is terminated, all information and data associated with it, including personal information, tokens and tickets will be purged. You will not be entitled to any refund or reimbursement, and we will not be liable for any damages associated with the termination of your account.

10. THIRD-PARTY SERVICES

The Service may contain links to other websites and services, advertising banners, or connections to third-party websites or social media applications. These links are provided solely as a convenience to you. Arcade Live is not responsible for and does not sponsor or endorse the content of third-party services. Clicking on third-party links will connect you to a new website, and you will then be bound by that company’s terms and conditions.
Following third-party links and accessing them is at your own risk.

11. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

All content is the property of Arcade Live and/or is licensed to Arcade Live and is protected pursuant to all applicable intellectual property laws. This includes all logos, images, text, trade names, artwork, photographs, video and audio feed and/or recordings, graphics and any other materials that contribute to the look and feel of the website. Our content is protected by copyright and trademark laws and is owned exclusively and/or licensed by Arcade Live. Except in cases where our express, written permission has been given, our content may not be stored, shared, copied, or used. The use of our content without our written permission may result in legal consequences, and we reserve all our rights. We respect copyright laws and expect you to do the same. If you suspect infringement of any kind, please report it to us and include a description of the copyrighted work and we will investigate the matter.

12. NO WARRANTY

While we strive to provide you with a positive experience, you have chosen to use the Services willingly and at your own risk. By using our Service, you accept any risk involved including, but not limited to, unsatisfactory system performance, accuracy of information and data, and poor or inferior connectivity quality. Our Service is offered ‘as is’ and “as available”, with no warranties, assurances, commitments or any declaration explicit or implied, legal or other, and we cannot be held liable for damages resulting from our Services not working at peak performance at all times. We hereby disclaim any warranties of any kind, whether direct or implied, and cannot guarantee satisfactory performance, suitability to your needs, and non-infringement content, nor can we promise that our Services are free from viruses or other malware that is harmful to computers and user mobile devices. Advice or information given by us, or our representatives, shall not be considered to be a warranty.

It remains your responsibility to protect your system including personal devices from all computer viruses and to ensure you have the proper connectivity while playing games and/or using the Service. We are not responsible for any act or omission by an internet service provider or of any other third party, including those with whom you may have contracted to have access to the Services.

We do not endorse, claim responsibility for, or assume liability for any user content or third-party advertising.

Some jurisdictions may not allow for partial exclusions or warranty, and in these instances, the exclusions may not apply but the remaining parts of this Agreement will be enforced to the fullest extent permitted by law.

13. LIMITATION OF LIABILITY

Arcade Live and its officers, directors, employees or agents shall not be liable for any loss or damages directly or indirectly related to the use of the Service, the content displayed on the Service, the inability to use the Service or prizes, or any legal or punitive action taken in connection with the misuse of our Services. We also cannot be held responsible regarding any action taken against you if you are found guilty or liable for violating intellectual property laws or if your computer contracts a virus because of using our Services. We cannot be held liable for personal injuries to you or others sustained while you are using our Services. In the event your jurisdiction does not allow limited liability exclusions, the total amount of money that we can be held liable for is $100 (One Hundred U.S. Dollars). We cannot be held responsible for the conduct of our other users even if they engage in actions that violate our terms and conditions or are offensive or illegal. Use of our Service is at your own risk.

14. NOTICES, QUESTIONS, COMPLAINTS AND DISPUTES

Any notices, questions or complaints related to our Services, the prizes or our obligations under the Agreement, Terms and Conditions of Use or the Privacy Policy, or amusement game play rules may be addressed by contacting Arcade Live at:

Physical Address: 1109 Bern Road, Wyomissing, PA 19610 Email Address: customerservice@arcadelive.com

All claims and disputes arising out of or relating to this Agreement or the use of the Services that cannot be resolved either informally by contacting us at the address above will be submitted for arbitration (“Disputes”). This arbitration agreement will survive the termination of this Agreement and your relationship with us.

The parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Pennsylvania in accordance with the Commercial Arbitration rules of the AAA by first commencing a formal dispute proceeding by completing the forms available at www.adr.com or by calling the AAA at 1-800-778- 7879.

To the extent permitted by law, you agree that you will not bring, join, or participate in a class action lawsuit as to any claim, dispute, or controversy that you may have against Arcade Live and/or any covered party. This provision does not constitute a waiver of your right to pursue your claim individually and/or any remedies.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Arcade Live can force the other to arbitrate. To opt out, you must notify us in writing no later than thirty (30) days of the date you first accessed the site and/or app. Your notice must include your name and address, the email address and phone number you provided through the Services when you registered, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to the address provided above by United States First Class Mail or by electronic mail with an electronic acknowledgment of receipt.

15. GENERAL CONDITIONS AND LICENSE TO USE THE SERVICES

15.1 You are hereby granted a personal non-exclusive, non-transferable, revocable license, that is for your own private, non-commercial entertainment and amusement.

15.2 The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Unless otherwise indicated, (i) the words “hereof”, “herein” and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and (ii) the words “include,” “includes” and “including,” when used shall be deemed in each case to be followed by the words “without limitation”. You hereby expressly waive (give up) the application of any law, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document.

15.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

15.4 This Agreement, as may be updated from time to time, and any documents referred to herein represent the ENTIRE AGREEMENT between ARCADE LIVE and YOU and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in this Agreement.

15.5 Arcade Live takes no responsibility for any materials, ideas or suggestions that may be sent by you to us. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that Arcade Live is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing, improving and marketing products and services, in perpetuity, without any obligation, liability or payment of any kind to you.

15.6 Arcade Live does not provide support services to the users with respect to the Application or the Services, and in the event any support is received, Arcade Live will not be obligated to continue such support at any time. Arcade Live may send the user emails for communicating certain products and services to User, which we may discontinue at any time.

15.7 Failure of Arcade Live to exercise their rights under this Agreement does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach or waiver.

15.8 This Agreement relating to your use of the Application and Services, may be assigned by Arcade Live at our sole discretion, to any third party, including in the event of merger or acquisition. However, you may not assign or transfer the Agreement or any rights thereunder.

15.9 Any cause of action arising out of or related to the website, app, or the Services must be submitted within one (1) year, or twelve (12) calendar months, after the cause of action accrues (arises); otherwise, such cause of action is permanently barred.

15.10 This Agreement shall be treated as though it were executed and performed in the State of Pennsylvania in the United States.

15.11 This Agreement and any dispute that may arise and is unable to be resolved through arbitration shall be governed by and construed exclusively in accordance with the laws of the State of Pennsylvania in the United States and the parties hereby consent to the exclusive jurisdiction of the courts therein.

16. ACCEPTANCE OF TERMS AND CONDITIONS AND MODIFICATIONS

By creating a player account and using our Services, you confirm that you have read and understand these Terms and Conditions, which may be modified from time to time, and acknowledge they will govern your use of the Services. You also acknowledge that various rules, regulations and laws addressing amusement games with prizes and similar promotional contests with prizes govern your participation and you are solely responsible for your compliance with all applicable laws and regulations and that your participation is at your own risk and you agree not to hold us responsible or liable if applicable law prohibits or restricts your access to or participation in our amusement games or the receipt of redemption tickets or prizes.

You confirm that you are of the legal age of majority in your jurisdiction or are under the applicable age of majority or that your parent or guardian has approved of your registration and use of the service. These Terms and Conditions may be changed by us, in our sole discretion, from time to time, without your consent, and will be effective immediately upon posting.

You are responsible for checking these Terms and Conditions each time before using the Service. Continued use of the Service following the posting of changes will mean that you accept and agree to be bound to and comply with the updated Terms and Conditions.